Pharisaism, Its Aim and Its MethodHerford, R. Travers (Robert Travers)
Religion
Pharisaism, Its Aim and Its Method
Herford, R. Travers (Robert Travers)
Pharisees
The Halachah covered part of the ground which is usually occupied in a
nation's life by the civil and criminal law. And this is another reason
for the common identification of Torah with Law. Law there must be for
the regulations of social life, the performance of contracts, the
prevention of crime, and the like. The Jews needed a civil and criminal
law, as any civilised people needs it. And though in certain respects
they were subject to the Roman law, (at all events in the time of the
Pharisees and the Rabbis), yet they devised a system of their own,
because they would have their law based on the Torah. The Roman
government they obeyed from compulsion; to the Torah they gave the full
allegiance of heart and will. The Halachah accordingly is, to a large
extent, a system of civil and criminal law based upon, or derived from,
the Torah, and resting for its sanction upon the divine revelation
therein contained. And if the Halachah, in dealing with such subjects as
must be dealt with in a code of civil and criminal law, goes into minute
detail, makes subtle distinctions, draws very fine lines between what is
and what is not lawful, it only does what any adequate system of law is
bound to do. And to say that the mass of detail and minute precept of
the Halachah was, or must have been, oppressive to the ordinary Jew, is
as true, or untrue, as to say that the ordinary Englishman is oppressed
by the mass of detail and minute precept in the body of statute and
common law by which his actions as a citizen are regulated, and which he
is presumed to know. In the one case, as in the other, certain lines are
defined by a recognised authority, for the regulation of action; but for
any given person, it is seldom that he will be in a position to feel the
constraint, or expressly to seek the permission, of the greater number
of the laws under which he lives. If he is in that position, then the
Englishman under the statute and common law, equally with the Pharisee
under the Halachah, acknowledges a rule of conduct having authority over
him, and not to be disobeyed with impunity. And the main difference is
that, to the Jew, the authority of the Halachah was the authority of the
Torah, and the Torah was the revelation of God. So that, to the Jew, the
code of civil and criminal law was specifically sacred in a way that it
is not to the Englishman.
Public-domain text, read in full here on John Shaqi.
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